Katrina Karkazis, Fixing sex: Intersex, medical authority, and lived experience, Durham, N.C.: Duke University Press, 2008, reviewed by Ellen K. Feder Elizabeth Reis, Bodies in doubt: An American history of intersex, Baltimore: Johns Hopkins University Press, 2009, reviewed by Ellen K. Feder.

The recent publication of Michel Foucault’s 1974-75 and 1975-76 lectures at the Collège de France provides an opportunity to reconsider the potential contribution of Foucault’s “analytics” of power for understanding the contemporary operation of race. Unlike the deployment of gender, which, I argue here, is best understood as a function of “disciplinary” power, the deployment of race is primarily a function of “biopower,” an expression of power that is bound up with the state apparatus. The announcement of the federal Violence (...) Initiative in the 1990s provides an illuminating example of the operation of this power, and the chiasmic function of discourse that Foucault famously termed “power/knowledge.”. (shrink)

ABCP asset‐backed commercial paper ABS asset‐backed security ABX a source of price indices for MBSs and CDSs ARM adjustable‐rate mortgage B...

This is a response to a review of my book Learning From My Daughter. I argue that what the reviewers object to in my ethics of care is based partially on a mistaken view of my understanding of care.

IntroductionDespite the need for trained physician ethicists, fellowships in clinical ethics are limited and primarily offered to thosewho have completed a graduate degree. The standardization of credentialing for clinical ethics consultants (CECs) and the restructuring of undergraduate medical education allow innovative models to train CECs that can provide an expanded opportunity for formal ethics training at an earlier stage.MethodsAt the University of Michigan Medical School we developed, implemented, and evaluated a pre-doctoral clinical ethics fellowship program from 2017 to 2019 for (...) senior medical students, designed to meet established competencies for CECs. Consultation notes from the beginning and end of the fellowship program were randomly selected for each fellow and independently rated by two faculty ethicists who used the validated Ethics Consultation Quality Assessment Tool (ECQAT).1 Inter rater reliability and trends in scores over time were calculated.ResultsThree students successfully completed the fellowship at the University of Michigan Medical School, conducted at least 50 formal ethics consultations, and spent approximately 40 hours a week on service for a minimum of six months. All students finished the fellowship with teaching and policy development experience, first-authored peer-reviewed manuscripts, and national presentations. The fellows demonstrated improvement in their ECQAT overall holistic rating score; all ended their fellowship with a holistic score of adequate or above. There was 92 percent agreement between raters withrespect to the acceptability of the fellows’ ethics consult notes. Two fellows have taken and passed the Healthcare Ethics Consultant-Certification (HEC-C) exam offered by the American Society for Bioethics and Humanities (ASBH).ConclusionsIntegration of a pre-doctoral fellowship model that meets professional certification standards for clinical ethics consultation creates an opportunity for medical students to become trained CECs early in their career. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant's Critique of Berkeley HENRY E. ALLISON THE CLAIMTHAT KANT'S IDEALISM,or at least certain strands of it, is essentially identical to that of Berkeley has a long and distinguished history. It was first voiced by several of Kant's contemporaries such as Mendelssohn, Herder, Hamann, Pistorius and Eberhard who attacked the alleged subjectivism of the Critique of Pure Reason. 1 This viewpoint found its sharpest contemporary expression in the notorious (...) Garve-Feder review to which Kant responded at length in the Prolegomena. In subsequent times it has been championed by Schopenhauer, and most nineteenth century German commentators on the relation between the two philosophers. 2 In addition, it has been, and continues to be, the prevailing view of the vast majority of British writers on Kant, including, with significant qualifications, Norman Kemp Smith. 3 This tradition continues despite the fact that Kant specifically, and in no uncertain terms, repudiated this identification in the Prolegomena and the second edition of the Critique. In both works he responds to the charges of subjectivism, and in so doing distinguishes his position from that of Berkeley, who in the eighteenth century was commonly regarded as a solipsist and denier of the "external world." 4 In contra-distinction to Kant's own critical or transcendental idealism, which explains the possibility of synthetic a priori knowledge within the realm of possible experience, Berkeley is characterized as a "dogmatic" or "visionary idealist." He is judged guilty of "degrading bodies to mere illusion" (B69), of regarding things in space as "merely imaginary entities" (B274), and of holding with all "genuine idealists" that: "all knowledge through the senses and experience is i Cf. Hans Vaihinger, Commentar zu Kant's Kritik der Reinen Vernunft (Stuttgart, Berlin, Leipzig, 1892), II, 494-505. Cf. Friederich Fredericks, Der Phainomenale Idealisraus Berkeley's und Kant's (Berlin, 1871); Robert Zimmerman, "Ober Kant's Widerlegung des Idealismus yon Berkeley" (Sitzungsberichte der Akademie der Wissenschaften, Vienna, Philox.-hist. Kl.), LXVIII (1871); Gustav Dieckert, tiber dos Verhiiltnis des Berkeleyschen ldealismus zu Kantischen Vernun]tkritik (Konitz, 1888). Tiffs is a consequence of the general British tendency to view Kant in phenomenalist terms. A typical recent example is found in P. F. Strawson, The Bounds of Sense (London, 1966). Kemp Smith in his Commentary to Kant's Critique o[ Pure Reason (2nd ed., rev., 1923) takes greaZ pains to distinguish between the subjectivist strand in Kant's thought, which is essentially identical to Berkeley's position, and the genuine critical doctrine which stands side by side with it in the text. 9 Cf. I-I.M. Bracken, The Early Reception of Berkeley's Materialism 1710-1733, rev. ed. (The Hague: Martinus Nijhoff, 1965). [43] 44 HISTORY OF PHILOSOPHY nothing but sheer illusion, and only in the ideas of pure understanding is there truth" (374). 5 One of the chief reasons for the continuation of the Kant-Berkeley tradition is that these, and similar statements about Berkeley, which we find in these works and in Kant's correspondenc e with Beck, have not been taken very seriously by Kant's critics. They are usually dismissed as obvious misinterpretations, due to Kant's ignorance of Berkeley's actual writings, and of his reliance upon distorted second and third hand accounts of Berkeley's thought such as is to be found in Beattie. Furthermore, this view is often supported by the philological reflection that Kant did not read English, and that Berkeley's writings were not yet available in German translation. 6 The philological argument, however, loses much of its force when we consider that there was indeed a German translation of Berkeley's Dialogues, which although apparently unknown to nineteenth century scholars, was readily accessible to Kant. This is to be found, together with a translation of Collier's Clavis Universalis and critical analyses, in a work by the professor of philosophy at Rostock, Johann Christian Eschenbach, entitled: Samlung der vornehmsten Schri[tsteller die die tFirklichkeit ihres eignen K~rpers und der ganzen Ki~rperwelt leugnen (Rostock, 1756). Furthermore, in addition to this work, which was probably known to Kant, there is Berkeley's important Latin work, De Motu (1721), as well as French translations of many of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 447-448 [Access article in PDF] Brigitte Sassen, translator and editor. Kant's Early Critics: The Empiricist Critique of the Theoretical Philosophy. New York: Cambridge University Press, 2000. Pp. ix + 331. Cloth, $54.95. Brigitte Sassen has translated and edited an extremely useful collection of texts dating from the years 1782 to 1789. Most of the texts were written by Kant's empirically minded (...) critics, but a few are the work of defenders of the Critical philosophy. Although some have been translated before—e.g., the notorious Feder/Garve review of the first Critique that prompted Kant's vitriolic response in the Prolegomena, the original Garve review that served as the basis of the Feder/Garve review, and Jacobi's critique of Kant's transcendental idealism—the entire anthology is the first ever to be devoted exclusively to English translations of some of the first reactions to and defenses of Kant's theoretical philosophy. All of this makes for an exciting event in Kant studies.Sassen identifies three major trends in Kant criticism that began in 1782. The first is the empiricist reaction to Kant's theoretical writings. Sassen considers the year 1789 the endpoint of this trend, since critical attention, she argues, shifted around that time to the rationalist reaction to Kant's writings. The initial wave of rationalist criticism, which constitutes the second trend, lasted until 1793. The third and final trend, she says, is the more forward-looking one that eventually blossomed into the systems of post-Kantian thought.Given such a wealth of material, Sassen has focused on Kant's empiricist critics, choosing the writers and topics most representative of the overall empiricist critique of the 1780s. The selections are divided into five sections. The first consists of the Feder/Garve and Garve reviews (from 1782 and 1783, respectively). Since these were the very first reviews of the Critique of Pure Reason, they helped to formulate many of the classic objections to it. For example, not only does the standard charge of Berkeleyan idealism originate in these reviews, but Feder and Garve also express concerns about Kant's ability to distinguish between reality and illusion if nothing in sensation itself determines the understanding to combine sensations in one way as opposed to another. The second section contains discussions of the Transcendental Aesthetic, including an early version of the "neglected alternative" charge more famously made by Trendelenburg in the nineteenth century. Hermann Andreas Pistorius, one of the most sophisticated of Kant's empiricist critics, argues that Kant has not ruled out the possibility that space and time are both forms of sensibility and properties of things in themselves. The third section (especially Jacobi's famous critique) explores the relationship between appearances and things in themselves, the problem of affection, and other topics touching on the very nature of Kant's idealism. The fourth section deals with various issues involving the table of categories. For example, Kant's critics had doubts about its completeness, and they were also puzzled as to how a priori concepts could be applied to ordinary experience. The fifth and final section looks at the contrast between empiricism and purism, that is, the overall adequacy of empiricist and Kantian approaches to issues in metaphysics and epistemology. Here we find Pistorius once again writing thoughtfully about the Critical philosophy, this time in response to Carl Christian [End Page 447] Erhard Schmid, the author of a dictionary for the "easier use" of Kant's writings that went through several editions in the late 1780s and 1790s.This brief sketch of Sassen's book gives only an inadequate idea of its richness and usefulness. Her introduction, which is thorough and informative, patiently sorts out the various players in the debates of the 1780s, outlines their arguments with Kant and one another, and even describes the nature of periodical publication in late eighteenth-century Germany. The editorial apparatus includes short biographies of the participants in the debates as well as the other authors mentioned throughout the book... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant und das Problem des metaphysischen Idealismusby Dietmar H. HeidemannKonstantin PollokDietmar H. Heidemann. Kant und das Problem des metaphysischen Idealismus. Kantstudien Ergänzungshefte 131, Berlin, New York: Walter de Gruyter, 1998. Pp. 268. Cloth, DM 158.00.Immanuel Kant’s critical philosophy was controversial from the very beginning. His refutations of idealism played an important part in these debates. Dietmar H. Heidemann’s book on the problem of idealism is an attempt to (...) evaluate Kant’s arguments against metaphysical idealism. Yet Heidemann never takes a position on whether Kant eventually succeeded or failed in refuting idealism. On the one hand, he thinks it is possible “to consider the proof of the existence of the external world as ultimately unsatisfactory” (238). On the other hand he ambiguously talks of Kant’s “solution of the problem of metaphysical idealism, which is, though not satisfactory in all parts, still quite convincing and even plausible” (238). This indecisiveness constitutes a fundamental shortcoming in an otherwise interesting discussion of a central Kantian problem. The book is distinguished by its close reading of the relevant Kantian texts between 1781 and 1800 and its scrupulous rendering of the respective steps of Kant’s argumentation.Heidemann’s well written investigation consists of an introduction, dealing with the pre-Kantian discussion of that problem, followed by three chapters that present Kant’s criticism of “metaphysical idealism” (3). The author lumps together the theories of Descartes’s ‘skeptical’ or ‘problematic’ idealism and Berkeley’s ‘dogmatic’ idealism with this non-Kantian term. The three chapters correspond to different chronological stages in Kant’s attempts at refuting idealism. First, Heidemann analyzes the structure of the Fourth Paralogism of the Critique of Pure Reason, which was directed against Descartes. This argument was intended to prove that our knowledge of the external world is [End Page 175]immediate. Kant appeals to a radical difference between transcendental and empirical idealism on the one hand and transcendental and empirical realism on the other, and he claims that doubts about the external world that are based on discursive argumentscan be dismissed as illegitimate in principle. Heidemann criticizes Kant’s argumentation. In particular, he thinks that the immediacy of our perceptions alone cannot prove the necessity of outer objects, which could instead be imaginations of immediate objects.In the second chapter, which is unquestionably the center of Heidemann’s study, he analyzes the Refutation of Idealismin the second edition of the Critique. Beginning from its external occasion—the ‘Göttingen review’ by Garve, edited by Feder— Heidemann tries to show that Kant’s refutation of idealism is compelling. He sees Kant’s arguments as implicitly or explicitly informed by the postulate of actuality and the consciousness of one’s existence in time. It is this consciousness that makes necessary the presupposition of something permanent in intuition and thus of substance as matter. In supporting Kant’s sometimes elliptical argumentation with other passages from the Critique, Heidemann tries to improve on Kant’s text. Yet, he is doubtful as to whether the argument succeeds. He thinks that the refutation of idealism would remain insufficient, unless the “theory of self-affection ( Selbstaffektion)” (127), added in 1787, is taken into consideration. In other words, the refutation depends on Kant’s revision of the relationship between the inner and the outer sense in the B-Deduction.The third chapter examines Kant’s occupation with the refutation of idealism after 1787. Heidemann finds that Kant continues to be preoccupied with this subject because of Eberhard’s articles in his Philosophisches Magazin, G. E. Schulze’s Aenesidemus, and D. Tiedemann’s Theaetet. Using Kant’s Reflexionsbetween 1788 and 1800, Heidemann argues that Kant’s new approach is characterised mainly by a decreasing importance of the permanent in the determination of time and a new emphasis of the coexistence argument. But this is questionable for Kant relies on the synthetic connection between the categories of coexistence and substance in the Critique. Heidemann pays a great deal of attention to Kant’s Reflexion “On inner sense” because of its explicit consideration of the relationship between the inner and the outer sense. Heidemann views this passage as “Kant’s... (shrink)

Kant is the central figure of modern philosophy. He sought to rebuild philosophy from the ground up, and he succeeded in permanently changing its problems and methods. This revised edition of the Prolegomena, which is the best introduction to the theoretical side of his philosophy, presents his thought clearly by paying careful attention to his original language. Also included are selections from the Critique of Pure Reason, which fill out and explicate some of Kant's central arguments, and in which Kant (...) himself explains his special terminology. The first reviews of the Critique, to which Kant responded in the Prolegomena, are included in this revised edition. The volume is completed by a historical and philosophical introduction, explanatory notes, a chronology, and a guide to further reading. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.3 (2001) 447-448 [Access article in PDF] Brigitte Sassen, translator and editor. Kant's Early Critics: The Empiricist Critique of the Theoretical Philosophy. New York: Cambridge University Press, 2000. Pp. ix + 331. Cloth, $54.95. Brigitte Sassen has translated and edited an extremely useful collection of texts dating from the years 1782 to 1789. Most of the texts were written by Kant's empirically minded (...) critics, but a few are the work of defenders of the Critical philosophy. Although some have been translated before—e.g., the notorious Feder/Garve review of the first Critique that prompted Kant's vitriolic response in the Prolegomena, the original Garve review that served as the basis of the Feder/Garve review, and Jacobi's critique of Kant's transcendental idealism—the entire anthology is the first ever to be devoted exclusively to English translations of some of the first reactions to and defenses of Kant's theoretical philosophy. All of this makes for an exciting event in Kant studies.Sassen identifies three major trends in Kant criticism that began in 1782. The first is the empiricist reaction to Kant's theoretical writings. Sassen considers the year 1789 the endpoint of this trend, since critical attention, she argues, shifted around that time to the rationalist reaction to Kant's writings. The initial wave of rationalist criticism, which constitutes the second trend, lasted until 1793. The third and final trend, she says, is the more forward-looking one that eventually blossomed into the systems of post-Kantian thought.Given such a wealth of material, Sassen has focused on Kant's empiricist critics, choosing the writers and topics most representative of the overall empiricist critique of the 1780s. The selections are divided into five sections. The first consists of the Feder/Garve and Garve reviews (from 1782 and 1783, respectively). Since these were the very first reviews of the Critique of Pure Reason, they helped to formulate many of the classic objections to it. For example, not only does the standard charge of Berkeleyan idealism originate in these reviews, but Feder and Garve also express concerns about Kant's ability to distinguish between reality and illusion if nothing in sensation itself determines the understanding to combine sensations in one way as opposed to another. The second section contains discussions of the Transcendental Aesthetic, including an early version of the "neglected alternative" charge more famously made by Trendelenburg in the nineteenth century. Hermann Andreas Pistorius, one of the most sophisticated of Kant's empiricist critics, argues that Kant has not ruled out the possibility that space and time are both forms of sensibility and properties of things in themselves. The third section (especially Jacobi's famous critique) explores the relationship between appearances and things in themselves, the problem of affection, and other topics touching on the very nature of Kant's idealism. The fourth section deals with various issues involving the table of categories. For example, Kant's critics had doubts about its completeness, and they were also puzzled as to how a priori concepts could be applied to ordinary experience. The fifth and final section looks at the contrast between empiricism and purism, that is, the overall adequacy of empiricist and Kantian approaches to issues in metaphysics and epistemology. Here we find Pistorius once again writing thoughtfully about the Critical philosophy, this time in response to Carl Christian [End Page 447] Erhard Schmid, the author of a dictionary for the "easier use" of Kant's writings that went through several editions in the late 1780s and 1790s.This brief sketch of Sassen's book gives only an inadequate idea of its richness and usefulness. Her introduction, which is thorough and informative, patiently sorts out the various players in the debates of the 1780s, outlines their arguments with Kant and one another, and even describes the nature of periodical publication in late eighteenth-century Germany. The editorial apparatus includes short biographies of the participants in the debates as well as the other authors mentioned throughout the book... (shrink)

This book explores the constitutional, legally binding dimension to legisprudence in the light of the German Federal Constitutional Court's approach to rational lawmaking. Over the last decades this court has been remarkably active in applying legisprudential criteria and standards when reviewing parliamentary laws. It has thus supplied observers with a unique material to analyse the lawmakers' duty to legislate rationally, and to assess the virtues and drawbacks of this strand of judicial control in a constitutional democracy. By bringing together legislation (...) experts and public law scholars to elaborate on 'legisprudence under review', this contributed volume aspires to shed light on the constitutionalisation of rational lawmaking as a controversial trend gaining ground in both national and international jurisdictions. The book is divided into five parts. Part I frames the two key issues pervading the whole collection: the intricate relationship between judicial review and democracy, on the one hand, and the possibility of improving and rationalizing the task of legislation under the current circumstances of politics, on the other. Part II provides an overview of the judicial review of rational lawmaking, laying special emphasis on the duty of legislative justification imposed on lawmakers by the German Constitutional Court. Part III is devoted to the review of the systemic rationality of legislation, in particular to the requirements of legislative consistence and coherence as developed by this court. Contributions in Part IV revolve around the judicial scrutiny of the socio-empirical elements of rational lawmaking, with the control of legislative facts and impacts and the problem of symbolic laws being the central topics. Finally, Part V draws on the German case law to discuss the links between rational lawmaking, balancing and proportionality, and the interdependence between process review and substantive review of legislation. (shrink)

The Federal Trade Commission has an important role to play in the governmental oversight of mobile health apps, ensuring consumer protections from unfair and deceptive trade practices and curtailing anti-competitive methods. The FTC’s consumer protection structure and authority is outlined before reviewing the recent FTC enforcement activities taken on behalf of consumers and against developers of mhealth apps. The article concludes with identification of some challenges for the FTC and modest recommendations for strengthening the consumer protections it provides.

Chia, Edmund Kee-Fook Review of: Lay people in the church: A critical study of the theology of the laity in the documents of the federation of Asian bishops' conferences with special reference to John Paul's apostolic exhortation, by Peter Nguyen Van Hai, Frankfurt am Main: Peter Lang, 2015, pp. 290, US$76.95.

Policy‐makers, bioethicists, and patient advocates have been engaged in a fierce battle about the merits and potential harms of a federal right‐to‐try law. This debate about access to investigational medical products has raised profound questions about the limits of patient autonomy, appropriate government regulation, medical paternalism, and political rhetoric. For example, do patients have a right to access investigational therapies, as the right‐to‐try movement asserts? What is government’s proper role in regulating and facilitating access to drugs that are still in (...) development? In this review, we analyze the history of the right‐to‐try movement, review the arguments put forth by supporters and opponents of the legislation, and consider the movement’s consequences. Two possible scenarios may emerge. One is that the right‐to‐try pathway may fail to meaningfully increase patient access to investigational products. Alternatively, certain companies may attempt to rely on the federal right‐to‐try legislation to sell investigational products, taking advantage of the provision that allows for direct costs, as there is currently no clear mechanism for enforcement or monitoring of cost calculations. (shrink)

The National Institutes of Health (NIH) invests over $37 billion per year in support of research to improve human health. All research funded by NIH that involves human subjects is subject to regulatory oversight, requiring institutions to staff and manage Institutional Review Boards (IRBs). IRB members, chairs, and the many associated human subjects protections oversight professionals who support the work of the IRB must navigate complex federal regulations issued by multiple agencies. This book is the industry standard reference work (...) for the research oversight community, providing comprehensive, understandable interpretations of the regulations, clear descriptions of the ethical principles on which the regulations are based, and practical best-practices guidelines for effectively implementing regulatory oversight. (shrink)

On January 18, 2011, President Obama signed Executive Order 13563, Improving Regulation and Regulatory Review, which instructs federal regulators to do the following: coordinate their agencies activities to simplify and harmonize rules that may be overlapping, inconsistent, or redundant; determine whether the present and future benefits of a proposed regulation justify its potential costs (including taking into account both quantitative and qualitative factors); increase participation of industry, experts, and the public (“stakeholders”) in the formal rule‐making process; encourage the use (...) of warnings, default rules, disclosure requirements, and provisions of information to the public as an alternative to traditional “command‐and‐control” rule‐making restricting consumer choice; and mandate a government‐wide review of all existing administrative rules to remove outdated regulations. Executive Order 13563 includes a qualitative “values” provision to be considered in the required cost–benefit analysis, which can potentially counteract the alleged regulatory reform rationale of President Obama. Furthermore, in Executive Order 13563, President Obama established a deadline of May 18, 2011, for all executive branch agencies to submit their plans to streamline their rulemaking operations and repeal those “overlapping, inconsistent, or redundant” rules. These two issues, along with complementary regulatory review proposals being discussed in the U.S. Congress, are evaluated in this essay. (shrink)

This paper reviews codes of ethics and codes of conduct from different countries. The differences and similarities between code content and between attitudes are considered. Distinction is drawn between a code of ethics and a code of conduct. Recommendations are made for establishing a common framework for IFIP (International Federation for Information Process) Member or Affiliate Societies.

This paper reviews codes of ethics and codes of conduct from different countries. The differences and similarities between code content and between attitudes are considered. Distinction is drawn between a code of ethics and a code of conduct. Recommendations are made for establishing a common framework for IFIP (International Federation for Information Process) Member or Affiliate Societies.

In various official documents, the European Union has declared its goal to pursue a citizen-centric governance of digital transformation. Through a critical review of several of these documents, here we show how “citizen-centric” is more a glamouring than a driving concept. De facto, the EU is enabling a federated data system that is corporate-driven, economic-oriented, and GDPR-compliant; in other words, a Digital Single Market (DSM). This leaves out societal and collective-level dimensions of digital transformation—such as social inclusion, digital sovereignty, (...) and environmental sustainability—which are acknowledged, but not operationalized, by the EU as pillars of a citizen-centric governance. Hence, the door is open to a complementary approach to the governance of digital transformation. We argue that, while a federated data model can constitute the tech-legal backbone of the emerging DSM, a commoning of data, as an ecosystemic approach that maintains a societal and collective outlook by default, can represent a complement to enact a truly citizen-centric governance. (shrink)

The obligation to provide reasons may appear rather a simple and straightforward, but in actual practice—as the mutually antagonistic Weiss rulings of the CJEU and the German Bundesverfassungsgericht amply demonstrate—is fraught with constitutional complication. On the one side, there lies the concern with a deeply intrusive form of judicial review which substitutes judicially determined “good” reasons for those of the reviewee decisionmaker—legislatures, administrative agencies, or, as in Weiss, the European Central Bank. On the other side lies the concern with (...) judicial abdication in the face of technical expertise, uncertainty and complexity, turning the reason-giving requirement into a mere façade thereby placing democratic accountability in the modern administrative state beyond law’s remit. Either way, normatively and conceptually, we seem left with a half-way house only. Drawing on the recent US administrative law discourse—the neo-Fullerian concept of an “internal morality of law” and democratic experimentalism —this paper explores the concept of process review as tertium datur. Process review responds to concerns over the rule of law and administrative discretion through indirect, procedural safeguards, by imposing requirements of reasoned justification, rather than through wholesale invalidation or aggressive substantive review. (shrink)